State Water Resources Control Board May 19, 2009 Board Meeting Item 9 - Executive Director’s Report DIVISION OF WATER QUALITY Areas of Special Biological Significance (ASBS): On April 22, 2009, NOAA and the Department of the Interior announced the first group of sites to join the new national system of marine protected areas. All 34 California ASBS are included in this first group to join. This is a major milestone for marine conservation, and we are very pleased that ASBS are a part of this important effort. Benefits include increased public recognition, understanding, and education by helping to elevate the profile of these marine areas. ASBS General Exception: Staff is preparing the initial study and draft mitigated negative declaration that will support a general exception to the ocean plan for discharges of storm water and nonpoint source discharges to ASBS. Staff is working toward release of the documents in May 2009 and plans a public hearing in July 2009. ASBS Scientific Panel: A new ASBS scientific panel was convened on April 14, 2009. This panel of experts on rocky intertidal areas are charged with the design of a biological monitoring program to assess the effects of discharges into ASBS. Joining the panel is Dr. Shannon Bard of Dalhousie University. Dr. Bard is an environmental toxicologist specializing in the effect of pollution on the rocky intertidal environment and is one of the first researchers to have developed a bioindex in the Pacific Northwest. Also, Mussel Watch sample collection by SWRCB and SCCWRP staff continues at over 60 sites along California's coast and islands, including several sites located within ASBS. Sampling at each site is done every two years.

Groundwater Ambient Monitoring and Assessment (GAMA) Program: GAMA’s Priority Basin Project continues to be on hold since December 2008, due to the Governor’s Executive Order to stop work on bond-funded contracts. However, we expect permission to restart the project very soon. There will be significant delays in final products as a result of the stop work order. GeoTracker GAMA software application showing groundwater quality data from tens of thousands of wells on a Google maps-based interface has been released for beta testing. The Public Advisory Committee met April 29 to discuss the GeoTracker GAMA and the AB 2222 draft report to the Legislature with recommendations for future GAMA funding and sharing information on groundwater conditions.

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GAMA’s Domestic Well Project for 2008-09 in San Diego County has sent test results to the owners of the137 private domestic wells sampled. A press release has been coordinated with CDPH and the County summarizing the results reported last month (24 percent above the nitrate MCL; 30 percent positive with total coliform bacteria; 47 percent above the uranium MCL; and 53 percent above the gross alpha MCL).

Landscape Irrigation General Permit: The State Water Board received more than 30 timely comment letters on the draft Statewide General Waste Discharge Requirements for Landscape Irrigation Uses of Municipal Recycled Water (General Permit) and the draft initial study/mitigated negative declaration. On May 7, 2009, staff released a revised version of the draft General Permit. A public hearing on the draft General Permit is scheduled for May 19, 2009. The adoption of the General Order and the environmental documents remains on schedule to meet the deadline of July 31, 2009, established by AB 1481 (DeLaTorre, Ch. 535, Stats. 2007). Ocean Plan Amendment: Staff has prepared non-substantive amendments to the Ocean Plan. Staff released these for public comment on April 15, 2009. The public hearing and Board consideration are scheduled for June 16, 2009. Once Through Cooling – CWA Section 316(b): Staff has assembled and met with an inter-agency work group, which meets bi-monthly to address cross-cutting issues and provide information needed for policy implementation. Water Board staff is developing an implementation schedule for the Once-through Cooling (OTC) Water Policy, which is in part based on recommendations from the state energy agencies. This schedule was discussed at the Inter-Agency Working Group meeting on April 16, 2009. A draft Substitute Environmental Document (SED) is being revised by the state’s contractor, TetraTech. We expect to release the SED and the proposed OTC Policy in June for public comment. On April 1, 2009, the United States Supreme Court issued the much-awaited Riverkeeper decision, which reversed the Second Circuit decision and held that the EPA can use cost-benefit analysis. This was discussed at the April 16, 2009 Inter-Agency Working Group meeting. Onsite Wastewater Regulations (Septic Tank Systems): The Water Board received more than 2,500 email comments, hundreds of comment letters, and many hours of recorded oral comments at 12 public workshops. Staff is undertaking the lengthy process of documenting and organizing all comments and considering next steps. Staff is preparing the outline of a new proposal based on the many comments received and hopes to have it ready for review by the end of Summer 2009. Recycled Water Policy: The State Water Board adopted the Recycled Water Policy on February 3, 2009 and has submitted the regulatory provisions of the Policy to the Office of Administrative Law (OAL). OAL’s deadline for approval of the policy is May 14, 2009.

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Sanitary Sewer Overflow (SSO) Reduction Program: Staff has released a new incident map that depicts all statewide sanitary sewer overflows (SSO) and private lateral sewage discharge incidents that have been reported into CIWQS by program enrollees covered under the SSO General Order (No. 2006-0003-DWQ). This mapping tool is the first of its kind developed exclusively for querying CIWQS certified spill data in a map format and was developed in-house by Water Board staff leveraging existing technological resources. It furthers our efforts in implementing CWC 13193 making reports available to the public, using GIS maps where possible, and supports the Water Board's Strategic Plan goal of communicating public information regarding the State's waters in an easily understood form. Since the summer of 2008, staff has solicited input and comments from Regional Board staff and industry via the SSO External User group. The mapping tool incorporates numerous comments, suggestions, and enhancements including the capability to search by date, spill size and individual agencies enrolled in the program. Staff is scheduling an information item on the incident map for the June 2, 2009 board meeting. In addition, attached to this Executive Director’s Report is the 2009 Statewide Sanitary Sewer Overflow Reduction Program Reporting Compliance Report (Appendix 4). Storm Water Advisory Task Force (SWATF) Meeting: SWATF held its sixth meeting on February 25, 2009. Meeting topics included: (1) updates on the Department of Water Resources funding programs and the Water Board's Proposition 84 Storm Water Grant program, and (2) work on the Effectiveness Assessment Document for evaluating and measuring the effectiveness of municipal storm water management programs. The next SWATF meeting is scheduled for May 18, 2009. SWATF plans to present an information item to the State Water Board at its June 2, 2009 meeting. Storm Water Construction General Permit (CGP): Staff released a new draft and a notice of hearing and comment period on April 23, 2009, with a comment deadline of June 17, 2009. The changes in this version include a slightly different risk structure (including the removal of all numeric measures from the lowest level), adjustment of the numeric measures (numeric action levels and numeric effluent limitations) and the addition of linear requirements to the draft CGP (currently, requirements for linear projects are split between two permits). The State Water Board will hold a public hearing on the tentative CGP on June 3, 2009. State Water Board consideration of the permit is targeted for the August 18, 2009 board meeting. Suction Dredging Update: State Water Board staff continue to work with staff from the Department of Fish and Game (DFG) and their consultant, Horizon Water and Environment, on the final scope of work for the suction dredge Environmental Impact Report in support of the update of DFG’s regulations. Vessel General Permit (VGP): Staff has updated the VGP Web site with a “Frequently Asked Questions” document regarding hull cleaning. Among other things, it clearly states “In-water hull cleaning on ships with biocidal hull coatings (e.g., copper based hull coatings) is not allowed in impaired waters until there is evidence that such hull cleaning will not contribute to copper or other pollutant loading.” In-water hull cleaning for vessels that do not have biocidal hull coatings is allowed using best available technologies.

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Wetland and Riparian Area Protection Policy (WRAPP): State and Regional Water Board staff continues to meet on a semi-monthly basis to develop a policy document that includes the Phase 1 elements of a wetland definition, a wetland regulatory program based on the 404(b)(1) Guidelines, and a wetland assessment and monitoring plan for Water Board programs. The Technical Advisory Team, which advises the Development Team (DT) on implementing sound science in the policy, plans to provide its wetland definition to the DT on May 29, 2009. Through the Aquatic Science Center (a Joint Powers Authority administered by the San Francisco Estuary Institute), we have applied for U.S. EPA grant funding to supplement existing grant funding for Phase 1 science support. In addition, the DT has requested Economic Stimulus funding to support both Region 1 and 2’s policy and the state policy efforts. Statewide Policies/Significant General Permits: Appendix 1 provides the current status of pending Statewide Policies and Significant General Permits. Irrigated Lands Regulatory Program Update Report: The May 2009 report is attached as Appendix 2. DIVISION OF WATER RIGHTS • Spring Gap-Stanislaus Hydroelectric Project: On September 15, 2008, the State

Water Board Executive Director issued a water quality certification for the Spring Gap-Stanislaus Hydroelectric Project (Project). The Project is owned and operated by Pacific Gas and Electric Company (PG&E). On October 15, 2008, PG&E and the Tuolumne Utilities District (TUD) each filed a petition for reconsideration and request for abeyance. The State Water Board agreed to hold the petition in abeyance pending discussions between State Water Board, TUD, and PG&E staff. The Board and TUD also entered into a tolling agreement to stay the statute of limitations under the California Environmental Quality Act until such time as all administrative remedies have been exhausted. On April 30, State Water Board, TUD, and PG&E staff reached agreement on language to amend the water quality certification. PG&E and TUD submitted revised petitions for reconsideration consistent with the agreed upon provisions. In order to revise the water quality certification, the Water Board will issue a 20-day public notice of the revised petitions and Water Board staff will prepare an order on reconsideration for consideration by the State Water Board at a public meeting. If adopted, the order will revise the water quality certification. Given noticing requirements for both the revised petition and for the State Water Board meeting, the earliest regularly scheduled meeting at which the Water Board can consider the order on reconsideration is June 16. 2009.

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• California Aqueduct Hydroelectric Project petition for reconsideration: California Trout, Inc. and Friends of the River have filed a petition for reconsideration of the Section 401 Water Quality Certification that was issued by the Executive Director on December 9, 2008 for the California Aqueduct Hydroelectric Project (FERC Project No. 2426). The petition challenges both the California Environmental Quality Act findings and some of the conditions contained in the certification, which was issued for a proposed Federal Energy Regulatory Commission license amendment. The proposed license amendment will reduce the minimum instream flow in Piru Creek below Pyramid Dam during summer months and increase the flow during storm events in the winter. The purpose of the license amendment is to avoid the incidental take of the endangered arroyo toad. Division staff are currently drafting an order in response to the petition.

• Kern River Nos. 1 and 3 Water Quality Certification: The Kern River Nos. 1 and

3 are hydroelectric facilities operated by Southern California Edison and licensed under the Federal Energy Regulatory Commission (FERC), Nos. 1930 and 2290, respectively. The FERC licenses on both projects contain conditions for sediment monitoring and sediment management plans. The sediment management practices at both facilities were designed to mimic the natural sediment transport regimes in order to protect downstream fishery habitat and to improve power generation. In 2005, the U. S. Army Corps of Engineers reviewed proposals for the sediment management practices at these facilities and determined that a Nationwide Permit would be needed for these activities. In December 2007, SCE submitted an application for a water quality certification pursuant to section 401 of the Clean Water Act for both facilities. The water quality certifications for these projects were issued on December 16, 2008 and April 30, 2009, respectively.

• Nevada Irrigation District files 26 Petitions for Change for its Water Right

Permits in Nevada County: On March 27 and April 2, 2009, Nevada Irrigation District filed 26 petitions for change to reconcile its ongoing water diversion and use practices with its water right permits. Division staff is reviewing the petitions and will continue processing. It is anticipated that the Division will post a public notice of all these petitions in one notice by June 15, 2009.

• Approval of Major Vineyard Expansion Project of Guenoc Winery: On

March 20, 2009, the Division approved a roughly 5,000-acre vineyard expansion project proposed by Langtry Farms and Guenoc Winery in Napa and Lake Counties. The Division issued four orders, approved modifications to seven licenses and issued seven amended licenses. The Division approved changes to one permit; denied time extension but approved changes on another permit; and denied extensions of time and change on one permit. A petition for reconsideration was filed on one of the four orders. Reconsideration was requested on denial of time extension and changes for a permit that had not been used since permit issuance in 1977.

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• Workshop to Receive Comments on Sonoma County Water Agency's Petition for Temporary Urgency Change: On April 6, 2009 the State Water Board's Division of Water Rights issued an Order approving Sonoma County Water Agency's (SCWA) petition for temporary urgency change of its water right permits. The Order approved a reduction of SCWA's instream flow requirements for the Russian River from April 6 through October 2, 2009, due to dry year water conditions. On May 6, 2009 the State Water Board held a workshop to receive comments on SCWA's petition and the Division's Order. As a result of information presented at the workshop, Division staff have begun drafting an order to revise the original order approving SCWA’s petition. Final approval of the revised order is expected by May 22, 2009.

• Policy for Maintaining Instream Flows in Northern California Coastal Streams

(AB 2121 Policy): In early April, certain stakeholder representatives submitted a proposed alternative for the State Water Board's consideration in developing the AB 2121 Policy. The proposal was developed by Dr. Bill Trush, Humboldt State Institute for River Ecosystems; Wagner and Bonsignore, a civil engineering firm; Ellison, Schneider, and Harris, a law firm; and Trout Unlimited. In late April, the stakeholder group provided revisions to their proposal. Division staff are reviewing the proposal and anticipate requesting that it be peer-reviewed. The proposal has been posted on the Division of Water Rights' webpage at http://www.waterboards.ca.gov/waterrights/water_issues/programs/instream_flows/.

Drought Activities Update In order to facilitate the availability of water to drought-stricken areas in California, the Division of Water Rights has streamlined procedures to expedite processing of temporary water transfers and temporary urgency change petitions to amend water right conditions. Recent notable activities include: • On April 27 and 28, 2009, Division staff held a public hearing regarding the petition

for change involving consolidated use of the State Water Project (SWP) and Central Valley Project (CVP). The petition was submitted on March 20, 2009 by the Department of Water Resources and the U.S. Bureau of Reclamation. The petition for change would consolidate the SWP and CVP places of use by adding the CVP place of use to SWP water rights and the SWP place of use to CVP water rights. Approval of the petition would facilitate transfers and exchanges between SWP and CVP contractors to make full use of SWP and CVP facilities in order to minimize the impacts of current dry conditions. We anticipate that the State Water Board will rule on the petition at the May 19, 2009 meeting.

• On April 23, 2009, Division staff received an email regarding the Reclamation District

No. 108 (RD 108) transfer petition. It stated that that since RD 108 no longer needs to make water available during the months of May and June for the Department of Water Resources’ (DWR) 2009 Drought Water Bank (DWB) that there was no longer an urgent need to receive an order from the State Water Board by May 1, 2009 for RD 108’s petition. The petition submitted as a temporary urgency change petition will be processed as a temporary change petition along with the other temporary

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change petitions proposing to transfer water to the DWR 2009 DWB. This change was noted on the transfer petition received on April 10, 2009. On May 4, 2009, staff issued a joint notice covering this transfer as well as eleven other DWB transfers. Comments are due by June 5, 2009.

• On April 23, 2009, Division staff received an email from the petitioner regarding the

Sacramento River Ranch transfer petition. It stated that the transfer amount would be revised to 2,752.59 acre-feet (af) due to a reduction in the period of time the amount of water created by crop idling would be transferred. This change was noted on the transfer petition received on April 16, 2009. On April 16, 2009, Division staff received a petition for temporary change for a 2,824 af water transfer from Sacramento River Ranch, LLC and Sacramento River Ranch II, LLC to the DWR 2009 DWB. On April 20, 2009, staff sent a letter to the petitioner requesting additional fees to continue processing the petition. On May 4, 2009, staff issued a joint notice covering this transfer as well as eleven other DWB transfers. Comments are due by June 5, 2009.

• On April 16, 2009, Division staff received ten petitions for temporary change from

various petitioners to the DWR 2009 DWB, mostly by groundwater substitution and some by crop idling and crop shifting. The petitions were submitted by MBK Engineers on behalf of the various petitioners. On May 4, 2009, staff issued a joint notice covering these transfers as well as the two other DWB transfers mentioned above. Comments are due by June 5, 2009.

• On April 14, 2009, Division staff received a petition for temporary change for a

10,000 acre-feet (af) water transfer from South Sutter Water District by to the DWR 2009 DWB through reservoir release. On May 1, 2009, staff issued a notice for this water transfer. Comments are due by June 3, 2009.

Strategic Workplan for the Bay-Delta As part of the Strategic Workplan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta), the State Water Board will comprehensively review and update, if needed, the 2006 Bay-Delta Plan, as well as water rights and other measures implementing that plan. • Water Quality Control Planning Workshop on April 22, 2009 (with additional

days as needed): The State Water Board began a series of water quality control planning workshops to receive information related to southern Delta salinity and San Joaquin River flow objectives. During the facilitated workshop interested persons were given the opportunity to discuss and comment on proposed modeling alternatives for southern Delta salinity and San Joaquin River flow objectives and how the Board should address the technical issues associated with these objectives. Staff anticipates finalizing the modeling alternatives by June and beginning modeling as soon as this summer, and holding additional meetings for public participation as necessary.

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• Periodic Review of the 2006 Bay-Delta Plan: On October 8, 2008, the State Water Board held a workshop to receive comments from agencies and members of the public regarding periodic review of the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (2006 Bay-Delta Plan). The State Water Board has considered comments and staff has prepared a report identifying those issues that should be further reviewed in the Basin Planning process. The State Water Board anticipates publishing the draft report on May 15, 2009 for a 45-day public review prior to considering for adoption at a State Water Board meeting in July 2009.

OFFICE OF RESEARCH, PLANNING AND PERFORMANCE Water Board Training Academy The Training Academy has a heavy class schedule over these next several months. Classes include: Currently Scheduled* May

Water Professionals Guide to Land Use Planning - Local land use decisions have a direct impact on both water supply and water quality. This class provides the basic legal, planning and process context for land use planning in California at regional and local levels.

Characterizing, Predicting, and Modeling Water at Mine Sites - The Water Board Academy has partnered with U.S. EPA, the USGS and experts in the field to develop and deliver a cutting edge series of classes designed for professionals involved with mine permitting issues at Federal, State and local agencies. This is a unique opportunity to learn from the experts. The class will illuminate the degree to which reliable model predictions depend on adequate mine site characterization. The class will also illustrate via case studies how selecting appropriate post mining mitigation before mining even begins is a high risk, potential costly endeavor especially if the mitigation measures prove ineffective.

Managing Time, Multiple Priorities, and Stress - This workshop session provides tools to look at time management as a process of constantly asking what is more important and arranging priorities to reflect each choice. The second portion of this workshop focuses on taking care of yourself during times of job pressure. While stress cannot be eliminated, we can learn to deal with it effectively to maximize our potential. This module is designed to enable participants to identify the stressors in their lives, to understand how these stressors affect them, and to practice effective coping strategies.

Hydromodification 101 - This class is designed to help participants understand the influence of watershed disturbance on receiving waters and methods to analyze and mitigate physical impacts.

June

Algal Blooms & Water Quality Class - The purpose of this 2-day Training Session is to provide course attendees with a general introduction to algal blooms as a water quality and public health problem. The course content will provide a general introduction to cyanobacteria and their toxins and will include the following topics: systematics and ecology, sampling methodology, lab identification procedures, the chemistry of cyanotoxins, analytical methods, water treatment removal and inactivation methods.

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Vapor Intrusion Pathway: A Practical Guideline - Vapor intrusion is characterized as the migration of volatile chemicals from the subsurface into overlying structures. The simplicity of this definition belies the magnitude of resources being expended to address this complex exposure pathway. Led by internationally recognized experts, this 2-day training will enable participants to: ► Learn the latest strategies to conduct site screening and investigations ► Apply multiple lines of evidence to ensure quality decision-making ► Build solutions for VI issues through understanding of mitigation options ► Network with environmental professionals. ► Learn about new U.S. EPA VI developments Interactive learning with hands-on exhibits, classroom exercises, and frequent Q&A sessions will reinforce these course objectives and contribute to a practical understanding of this difficult pathway.

*For more listings, go to the Academy’s web site http://waternet/training/ Reports – FY 2007-2008 Annual Enforcement Report The Water Boards’ Annual Enforcement report covering enforcement activities for Fiscal Year 2007-2008 has now been posted to the internet at: http://www.waterboards.ca.gov/water_issues/programs/enforcement/docs/annual_enf_rpt_032609.pdf. This report covers compliance and enforcement activity for the Water Boards’ five core regulatory programs. DIVISION OF ADMINISTRATIVE SERVICES Budget: Although we have an approved 2009 Budget Act, we still have several items of interest to the Legislature in this year's Budget Hearings. The Underground Storage Tank Backlog Budget Change Proposal, which was not included in the Budget Act, has been approved by both the Assembly and Senate Budget Committees. This adds five four-year limited term positions to work on closing out old Underground Tank Cases. Also, two Finance Letters (FL) have been approved. One transfers Underground Storage Tank funds to two new Funds (per legislation), the Orphan Brownfield Sites Cleanup Fund ($10 million per year) and the School Districts Cleanup Fund ($10 million per year). The other is a technical adjustment to free up unspent proposition 40 ($1 million) and 50 ($26 million) Bond Funds . The FL to reduce our Integrated Waste Management Account funding, by $1.3 million and nine positions, for our Landfills program has not yet been heard. In addition, there were three May letters requested for additional Federal and Reimbursement authority for the various Federal Stimulus (ARRA) funds, as well as a contract with DWR. We anticipate these will be approved once heard. Both houses adopted different Supplemental Report Language for the Water Rights Program and staff is currently working with the committees on the language. In addition, both the Assembly and Senate are proposing to increase the Underground Storage Tank Fee from $.014 to $.02. It is likely that there will be differences between the houses to be resolved in Conference Committee.

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DIVISION OF FINANCIAL ASSISTANCE May 19, 2009 Board Meeting: Consideration of a Resolution adopting recommendations for changes within the Underground Storage Tank (UST) Cleanup Program and the UST Cleanup Fund (Fund) in response to the Fund’s current cash flow situation and comments made by stakeholders at a March 9 Board workshop. 2009 California Financing Coordinating Committee (CFCC) Funding Fairs: The CFCC conducted five Funding Fairs throughout California (Chino - February 3; Bakersfield - February 5; Eureka - March 10; Merced - April 2; and Sacramento – May 7). The CFCC is comprised of seven member agencies (six state, one federal), whose members conduct statewide Funding Fairs each year to educate interested parties about the CFCC and available financial and technical resources. Information on the 2009 Funding Fairs, including a copy of the presentation booklet, is available on the CFCC webpage at: www.cfcc.ca.org. 20x2020 Agency Team on Water Conservation: On April 30, 2009 the 20x2020 Agency Team released its draft 20x2020 Water Conservation Plan to meet the Governor’s goal of reducing urban per capita water use by 20 percent by 2020. Public comments are due May 22. A public workshop on the plan will be held in Sacramento on May 29. The State Water Board is one of six state members and one federal member of the 20x2020 Agency Team. Refer to http://www.waterboards.ca.gov/water_issues/hot_topics/20x2020/index.shtml. Division Approvals: The Deputy Director of the Division approved the following Preliminary Funding Commitments from April 10, 2009 to May 6, 2009. Water Recycling Grant/Loan

Entity

Preliminary Funding

Commitment Project Approved Sacramento

County Water Agency

$75,000 Phase II Recycled Water

Project Facility Planning and Feasibility Study

4-16-2009

Cleanup and Abatement Account

Entity

Preliminary Funding

Commitment Project Approved Home Garden

Community Services District

$450,255.37 Arsenic Removal Project 4-21-2009

OFFICE OF INFORMATION MANAGEMENT AND ANALYSIS Interactive “Areas of Special Biological Significance” (ASBS) Map/Video internet page The Water Board this month released a new interactive map and video page introducing the state's Areas of Special Biological Significance (ASBS). Developed by the Office of Information Management and Analysis (OIMA) in conjunction with the Office of Public Affairs and DWQ, the page includes a clickable map featuring background information on each ASBS, including species lists and other links of interest. The page also includes a ten-minute video, produced by OPA, introducing the ASBS program and the Water Board's efforts to protect those areas. The video includes optional English and Spanish subtitles. The ASBS map/video page URL is http://www.waterboards.ca.gov/water_issues/programs/ocean/asbs_map.shtml. Sanitary Sewer Overflow (SSO) Incident Maps: Staff has released a new incident map that depicts all statewide sanitary sewer overflows (SSO) and private lateral sewage discharge incidents that have been reported into CIWQS by program enrollees covered under the SSO General Order (No. 2006-0003-DWQ). This mapping tool is the first of its kind developed exclusively for querying CIWQS certified spill data in a map format and was developed in-house by Water Board staff leveraging existing technological resources. It furthers our efforts in implementing CWC 13193 making reports available to the public, using GIS maps where possible, and supports the Water Board's Strategic Plan goal of communicating public information regarding the State's waters in an easily understood form. Since the summer of 2008, staff has solicited input and comments from Regional Board staff and industry via the SSO External User group. The mapping tool incorporates numerous comments, suggestions, and enhancements including the capability to search by date, spill size and individual agencies enrolled in the program. The map can be accessed from the SSO page at: http://www.waterboards.ca.gov/water_issues/programs/sso/ The Water Quality Goals searchable database posted on internet: This database contains an extensive compendium of numerical water quality limits from the literature for over 850 chemical constituents and water quality parameters. Included are: -- California and Federal Drinking Water Standards (MCLs) -- Public Health Goals (PHGs) -- California State Notification Levels -- Health Advisories, Water Quality Advisories, and Drinking Water Advisories -- Suggested No-Adverse-Response Levels (SNARLs) -- Cancer Risk Estimates -- Health-based criteria from U.S. EPA's Integrated Risk Information System (IRIS) -- Proposition 65 Safe Harbor Levels -- Agricultural use protective limits -- Freshwater and saltwater aquatic life protective limits -- Taste and odor based criteria

These limits may be used to determine whether beneficial uses of groundwater and surface water are likely to be impaired or threatened. The search tool allows users to type in a chemical name, and abbreviation, part of a name, or a Chemical Abstracts Service Registry Number. The search returns a list of all chemicals in the database for which the name, a synonym, or CAS number contain the search string. Clicking on a chemical name in the list provides the user with a table of applicable water quality criteria, guidelines, and standards. (Numerical water quality objectives from the Basin Plans are not included.) The table of limits contains a number of live links. The Source and References headings on the left take you to descriptions and references for each type of limit. If the reference is available on the internet, you will be presented with live links to these materials. The Footnotes provide you with additional information on the limits presented in the table. Where limits vary with hardness, pH and other parameters, you will find “see page...” links that present these relationships in the form of Excel tables and graphs with the formulas built-in. The site is at: http://www.waterboards.ca.gov/water_issues/programs/water_quality_goals/index.shtml Instructions for use of the database tool are also on the web at http://www.waterboards.ca.gov/water_issues/programs/water_quality_goals/how_to_use_wqgoals.shtml. The California Water Quality Monitoring Council is making substantial progress in two areas. By June 30, 2009, the Monitoring Council intends to release its public website, providing access to web portals addressing up to four water quality themes: -- Is our groundwater safe to drink? -- Is it safe to swim in our coastal waters? -- Is it safe to eat sport fish caught from our waters? -- Are our wetland ecosystems healthy? Four workgroups: -- Water Board's Groundwater Ambient Monitoring and Assessment program -- Beach Water Quality Workgroup -- Bioaccumulation Oversight Group of the Water Board's Surface Water Ambient Monitoring Program -- California Wetlands Monitoring Workgroupare providing guidance on the development of each of these portals, respectively. The Monitoring Council is developing a comprehensive monitoring program strategy for California, to be released by the end of 2009. This effort will be based on the Monitoring Council's December 2008 recommendations report to Cal/EPA and the Resources Agency. Its development will be coordinated with an update of the SWAMP Comprehensive Monitoring and Assessment Strategy.

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Division of Water Rights internet web site has been converted to the California mandated new look and feel. The domain name has changed from http://www.waterrights.ca.gov to http://www.waterboards.ca.gov/waterrights. The site adopts the standard style for the Water Boards internet website, and also provides division-specific navigation. The site includes a google search feature and site map to assist customers in navigating the new site. The new design was created to ensure that the site is accessible, usable and understandable. BOARD MEMBER DIRECTIVES A list of Board Member directives (assignments made by Board Members) during Board meetings) is attached as Appendix 3.

5/14/2009

Appendix 1 Statewide Policies/Significant General Permits

Division of Water Quality Status Code

Policy/Significant General Permit Status

A Anti-Degradation Policy / Implementation Triennial Review

Scoping meeting held on 11/17/08. Reviewing the 30+ comment letters received. Preparing recommendation for the Board.

A-09 Aquatic Pesticide General Permit – Vector Control, Aerial Application

Drafting permit for public release.

A-10 Aquatic Pesticide General Permit – Vector Control, Aquatic Application

Work delayed, will follow Aerial Application permit.

A-10 Aquatic General Permit – Weed Control, Aquatic Application

Work delayed, will follow Aerial Application permit.

P Aquifer Storage and Recovery Policy Pending completion of Recycled Water Policy and Landscape Irrigation Permit.

A-09 Areas of Special Biological Significance (ASBS): Special Protections

Economic estimates done. Preparing CEQA initial study. Delayed by PRA request. Public hearing June 2009 (tentative).

A-09 Bacterial Objectives for Inland Surface Waters Scoping meetings held 10/6/08 & 10/22/08; comment period closed 11/5/08. Staff preparing draft policy and staff report.

C Blue-Green Algae Guidance Revisions completed in September 2008 and posted on website. A Bio-indicator Development Preparing initial planning effort for future development work.

A-09 Cadmium Objective and Implementation Policy Scoping meeting held 10/6/08; comment period closed 10/23/08. Staff preparing draft policy and staff report.

A-10 Chlorine Residual Objectives and Implementation Policy

Delayed by loss of key staff. Scientific Peer review received. Report and policy will be revised as necessary to address peer review comments.

C Compliance Schedule Policy Approved by USEPA – completed. A Compost (Green Waste) – with Reg 5 Gathering information and working on initial draft.

P Grazing No Statewide effort at this time, Regions are issuing watershed

based waivers. A-09 Landscape Irrigation / Incidental Runoff Permit Revised permit to be released 5/7/09. Public hearing scheduled for

5/19/09 Board Meeting. A-09 Listing Policy Update (Sediment Quality

Objectives) Initial drafting

A Marina Permit Initial drafting and data gathering. A Mercury Offset Policy Preparing economic analysis (SAIC) P Methylmercury Objectives Delayed by loss of key staff. Preparing economic analysis (SAIC) A Nutrient Numeric Endpoints Tools Freshwater: to be peer reviewed. Estuaries: performing validation

studies (SCWRRP and TetraTech) A Ocean Plan Amendment: non-substantive Public hearing scheduled 6/3/09. A Ocean Plan Amendment: monitoring & desal

provisions Pending completion of Ocean Plan Amendment: non-substantive

A Ocean Plan Amendment: vessel provisions Pending completion of other Ocean Plan Amendments A-09 Once-Through Cooling (316b) Policy Working on CEQA document (TetraTech); waiting for interpretation

of Supreme Court decision on federal 316b regulations. A-09 Onsite Waste Water Treatment

Regulations/Waiver Comment period closed; reviewing comments and preparing revision based on comments.

A Rapid Diagnostic Tests for Bacterial Indicators in Coastal Waters

Assessing tests (SCCWRP study)

A-09 Recycled Water Policy Board adopted policy on 2/3/09. Submited to OAL for approval. OAL deadline 5/14/09.

A-10 Sanitary Sewer Overflow (SSO) WDR Update Beginning May, 2009 C Sediment Quality Objectives (SQOs) for

Enclosed Bays and Estuaries: Phase I Phase I completed, adopted by State Board, approved by OAL on January 5, 2009. Submitted to USEPA for approval.

A Sediment Quality Objectives (SQOs) for Enclosed Bays and Estuaries: Phase II

Phase II staff draft released.

P Sediment Quality Objectives (SQOs) for Enclosed Bays and Estuaries: Phase III

Pending completion of Phase II and availability of funding

A-09 Storm Water CalTrans Permit In progress A-09 Storm Water Construction Permit Revised and released for public comment on 4/23/09.

P Storm Water Industrial Permit Pending completion of construction permit A-09 Storm Water Linear Permit To be included in construction permit.

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A-09 Storm Water MS4 Effectiveness Guidance (AB

739, Laird) Working with Storm Water Task Force to develop guidance.

A Storm Water MS4 Phase II Permit In progress P Suction Dredge General Permit On hold, and working instead with Dept of Fish and Game to

coordinate with their suction dredge permitting program. A-10 Toxicity Control Provisions for the SIP Working with U.S. EPA on preparing policy. Evaluating alternative

methods for determining compliance. Preparing draft policy alternatives and environmental documents.

C Vessel General Permit – Certification Issued 401 certification with state conditions on December 17, 2008. Completed.

C Vessel General Permit – Revised Certification Revised 401 Certification in February 2009 to reflect USEPA’s final permit and make clarifying edits.

A-10 Wetlands and Riparian Areas (Dredge and Fill) Policy – Phase I

Stakeholder meetings held December, 2008. Development Team (R1, R2, DWQ) drafting Phase I policy. Planning for Board adoption Winter of 2010.

P Wetlands and Riparian Areas Policy – Phase II Pending completion of Phase I. P Wetlands and Riparian Areas Policy – Phase

III Pending completion of Phase II.

P Winery Waste Guidance Pending response from Wine Institute; staff redirected to Water Recycling Policy

Status Code Key: White = Active effort (A) Yellow = Targeted for completion in 2009 (A-09) Green = Targeted for completion in 2010 (A-10) Blue = Completed (C) Grey = Suspended or No statewide effort at this time or Pending (P)

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Division of Water Rights Status Code

Policy/Significant General Permit Status

C Delta Water Quality Control Plan Review, Update, and Implementation

CEQA Scoping meeting March 30, 2009; workshop for San Joaquin River flow and southern delta salinity on April 22, 2009.

A-09 Prepare periodic review of Bay-Delta Plan and present to State Board to consider for adoption.

A-09 Develop plan for water quantity/quality modeling, and hold public meetings to update and solicit input.

A-09 Preparing request for qualifications for preparation of CEQA documents

A-09 Complete Dr. Hoffman’s crop salinity tolerance study and initiate transient-state model evaluation.

A-09 Delta Water Quality Policy… A North Coast Instream Flow Policy Sensitivity analysis nearing completion. Reviewing 600+ public

comment letters. Preparing responses to comments. Received a proposed alternative from stakeholder representatives for the State Water Board’s consideration in developing the policy. Reviewing this proposal with anticipation of having it formally peer reviewed.

Status Code Key: White = Active effort (A) Yellow = Targeted for completion in 2009 (A-09) Blue = Completed (C) Grey = Suspended or No statewide effort at this time or Pending (P)

4

Office of Enforcement Status Code

Policy/Significant General Permit Status

C Policy on Supplemental Environmental Projects

Approved by Board on February 3, 2009 – will be submitted to OAL for approval.

A-09 Enforcement Policy Staff is preparing to circulate draft Policy in anticipation of June 4th Board Workshop.

Status Code Key: White = Active effort (A) Yellow = Targeted for completion in 2009 (A-09) Blue = Completed (C) Grey = Suspended or No statewide effort at this time or Pending (P)

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6

Division of Financial Assistance

Policy/Significant General Permit Status Amendment to Policy for Implementing the Clean Water State Revolving Fund For Construction of Wastewater treatment Facilities

Policy amendment was adopted at the March 17, 2009 State Water Board Meeting

Clean Water State Revolving Fund Regulations Under development. Process has slowed considerably to accommodate getting the Stimulus fund out to projects. Currently project 2010/2011

Orphan Site Cleanup Fund (OSCF) Proposed Rulemaking Package

Posted on UST Cleanup Fund website; 45 day comment period ended March 31, 2009. Three comments received. Responses being prepared.

Wastewater Treatment Plant Classification, Operator Certification, and Contract Operator Registration Regulations

Regulations are drafted, but being held waiting fiscal considerations. Anticipate being released for public review in Spring 2010.

Targeted for completion in 2009 Completed Items Suspended / No statewide effort at this time

Appendix 2

IRRIGATED LANDS REGULATORY PROGRAM MONTHLY REPORT May 2009

This month’s Irrigated Agricultural Lands Regulatory Program (ILRP) report will provide an update on the activities of the Central Coast, Los Angeles, Riverside and San Diego Regional Water Quality Control Board programs. The Colorado River Basin Water Board did not submit an update report this month for their agricultural program. Future monthly reports will alternate between the status of the ILRP at the Central Valley Water Board for one month, and the status of other Regional Water Boards for the alternate month. English and Spanish translations of current and past ILRP monthly reports can be found on the State Water Boards Irrigated Agricultural Waiver Program website: http://www.waterboards.ca.gov/water_issues/programs/agriculture/ For additional information on the statewide ILRP, please contact the State Water Resources Control Board staff: Johnny Gonzales (916) 341-5510 jgonzales@waterboards.ca.gov Gita Kapahi (916) 341-5501 gkapahi@waterboards.ca.gov

CENTRAL COAST AGRICULTURAL REGULATORY PROGRAM

Irrigated Agriculture Program Update April 31, 2009 staff report. The Central Coast Water Board established specific goals related to healthy aquatic habitat, sustainable land management, and clean groundwater to achieve its Vision for Healthy Watersheds. Currently, we are advancing our efforts to structure and align the Agricultural Regulatory Program, and all of our work, in the context of that Vision by focusing on our highest priority issues and actions. We are maximizing our effectiveness by identifying and prioritizing actions that address the most significant agricultural water quality problems we face in the Central Coast Region, including pollutants in agricultural tailwater, nitrates in groundwater from fertilizer, surface water toxicity resulting from pesticides, lack of aquatic habitat, surface water nutrients from fertilizer, and sediment discharge. We anticipate moving toward a watershed focused implementation approach to address these priority issues. In addition, we will assess and track our progress using specific, tangible operational measures, and adapt to the feedback our tracking provides. Irrigated Agriculture Order Renewal Central Coast Water Board staff has initiated work in renewing the existing order regulating discharges from irrigated agriculture, which expires July 2009. As part of this effort, staff is working with a stakeholder group of environmental and agricultural representatives to develop recommendations, including milestones, compliance monitoring, and timelines, to meet water quality requirements anticipated in the new order. As currently planned, this group will meet regularly through the calendar year to complete their recommendations. Staff is also compiling and assessing existing water quality data related to surface and groundwater impacts from irrigated agriculture (and other sources), costs of existing impacts and their potential mitigation,

information on adequate protection for aquatic habitat and other technical information as supporting documentation for the development of the new order. Staff will request an extension of the existing order at the Central Coast Water Board’s July 2009 meeting, to provide adequate time to prepare the new draft order. For specific questions about the Central Coast Water Board Irrigated Ag Order Renewal, please contact Alison Jones at (805) 542-4646 or e-mail to ajones@waterboards.ca.gov Enforcement In late 2007, the Central Coast Water Board Assistant Executive Officer issued administrative civil liability (ACL) complaints to five farming operations for their failure to enroll into the Irrigated Ag Order, self-monitor water quality or contribute to cooperative monitoring costs, train personnel, develop water quality management plans, and pay enrollment fees. Each operation agreed to enter into negotiations to settle the alleged violations. During the settlement process, each operation enrolled into the Irrigated Ag Program, and either achieved compliance or adequately arranged to comply with the other requirements. In Fall 2008, the Central Coast Water Board Enforcement Team and each farm agreed to settlement terms, which included payments toward liability and a supplemental environmental project (SEP) to enhance the existing cooperative monitoring program by funding additional monitoring. Four of the five farming operations have complied with the Irrigated Ag Order and satisfied the payment requirements within the Executive Officer's respective stipulated ACL orders. Completion of the fifth settlement agreement is pending. The third-party purveyor of the cooperative monitoring program will complete the SEP conditions by conducting the enhanced monitoring and reporting the results to the Central Coast Water Board within the next twelve months. Food Safety Central Coast Water Board staff continues their involvement in food safety issues that have the potential to affect water quality. Staff also continues to work with various partner agencies and organizations to increase awareness of the detrimental water quality impact of some food safety practices. On April 17, 2009, Central Coast Water Board staff attended a food safety and conservation practices focus group. The meeting was organized by State Water Board staff with assistance from Central Coast Water Board staff and EPA Region 9 staff. In attendance were representatives of the agricultural industry, state environmental and health agencies and non-governmental organizations. The meeting was convened to address the impact of on-the-ground food safety practices to various agency goals and missions. State Board staff is looking at information from this meeting and subsequent meetings to help determine how to promote the co-management of food safety and conservation practices to protect water quality and the goals of the Irrigated Agricultural Lands Program. Central Coast Water Board staff supports assistance from State Water Board staff to address this very political, market driven and complex issue. Department of Pesticide Regulation Coordination In 2008, the Central Coast Water Board and the Department of Pesticide Regulation (DPR) established a coordinated, collaborative approach to addressing violations of water quality objectives due to the presence of pesticides in surface water. The interagency collaboration is in keeping with the State Board Management Agency Agreement with DPR and the interagency “Process for Responding to the Presence of Pesticides in Surface Waters.” In the last few months, the following coordinated activities have occurred:

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• Central Coast Water Board staff, DPR staff and the San Luis Obispo County Agricultural Commissioner’s Office (CAC) have been involved in the development of a water quality pilot project. The CAC is coordinating a three year project funded by DPR to prevent surface water contamination from chlorpyrifos and diazinon use in vegetable row crops, for control of soil borne insects, in San Luis Obispo County.

• Central Coast Water Board staff and DPR staff discussed comments on “DPR’s Draft Regulations to Address Pesticide Drift and Runoff to Protect Surface Water.”

• Central Coast Water Board staff is coordinating with DPR staff and pyrethroid registrants regarding the DPR reevaluation of synthetic pyrethroids, and the associated data requirement proposal.

For additional information on the Central Coast Water Board Agricultural Regulatory Program, please contact Angela Schroeter at (805) 542-4644 or e-mail to aschroeter@waterboards.ca.gov.

LOS ANGELES REGION CONDITIONAL WAIVER FOR IRRIGATED LANDS UPDATE TO THE SWRCB

April 30, 2009 Los Angeles Regional Board staff presented to the Nonpoint Source (NPS) Roundtable on April 28, 2009 regarding the Los Angeles Region Conditional Waiver for Irrigated Lands. The presentation included an overview of the waiver and the development and progress of the program over the last 2 years. The presentation also discussed the goals of the Conditional Waiver program for the upcoming year and how these goals will mitigate NPS pollution from agriculture sources in the Los Angeles Region. Staff has continued to work with agriculture stakeholders to approve BMP educational workshops so all growers can obtain the required 8 hours of BMP education credit. Additionally, staff has continued to follow up with growers regarding outstanding NOVs and other notices to ensure all enrollee and property information on record with the Regional Board is current. For additional information on the Los Angeles Region Conditional Waiver for Irrigated Lands, please contact Rebecca Veiga Nascimento at (213) 576-6784 rveiga@waterboards.ca.gov or Jenny Newman at (213) 576-6691 jnewman@waterboards.ca.gov

COLORADO RIVER BASIN CONDITIONAL PROHIBITION FOR AGRICUTURAL DISCHARGES

No information submitted.

SANTA ANA REGION CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR AGRICULTURAL

DISCHARGES (CWAD PROGRAM)

Update to the SWRCB April 30, 2009

Board staff is proposing that all operators of irrigated or dry-farmed land, and of other agricultural operations not already regulated by the Regional Board, enroll in a conditional waiver of waste discharge requirements. Board staff is calling this the Conditional Waiver (of waste discharge requirements) for Agricultural Discharges (CWAD). The Regional Board staff

3

proposes that the CWAD program will be developed and implemented in watershed based phased approach. The first phase of this program is being developed for waste discharges from agricultural operations (irrigated and non-irrigated) in the Lake Elsinore / San Jacinto Watershed. The Regional Board adopted separate nutrient Total Maximum Daily Loads (TMDLs) for Canyon Lake and Lake Elsinore. The TMDLs are now part of the Basin Plan. In order to formulate a strategy to develop a CWAD program, the Regional Board staff has been conducting meetings with potential stake-holders, like, Western Riverside County Agricultural Coalition (WRCAC), Lake Elsinore San Jacinto Watershed Authority (LESJWA-which is joint-powers authority that represents the Cities of Canyon Lake and Lake Elsinore, Riverside County Flood Control and Water Conservation District, the County of Riverside, and the Santa Ana Watershed Project Authority). During the last few months, Regional Board staff have also met with other potential stake-holders and related agencies, such as Riverside County Farm Bureau and Riverside County Agricultural Commissioner’s office. In order to establish a CWAD program monitoring group, the Board staff also plans to meet with the members of WRCAC/LESJWA and Southern California Coastal Water Research Project (SCCWRP). This meeting is schedule to take place on March 23, 2009. Regional Board staff is actively pursuing to form a stake-holder coalition group, and a potential CWAD program monitoring group(s). Regional Board staff have been in discussion with local stakeholders and potential watershed group(s) to update and streamline the available agricultural users’ data in our region. Over the next several months, Regional Board staff will continue meeting with key stakeholders, and conducting semi-formal public workshops to get ideas about how best to put the CWAD program in place. Possible topics for workshop discussions will include:

• Are all farming operations going to be covered, or are there exemptions from the program?

• Is there a minimum acreage for the program? • Have “third party representatives” been formed? Will there be a cost to be

represented? • How is the Regional Board identifying operators who are supposed to be in the CWAD

program? • What’s the schedule for putting the CWAD program in place?

Workshops will be publicized on the Regional Board’s website and through stakeholders throughout the watershed. For more information, please contact: Athar Khan 951 782-3219 akhan@waterboards.ca.gov Mark Adelson 951 782-3234 madelson@waterboards.ca.gov

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5

SAN DIEGO WATER BOARD IRRIGATED LANDS REGULATORY PROGRAM (CONDITIONAL AG WAIVER)

APRIL 2009 Conditional Waiver No. 4 (the Ag Waiver) requires growers who use irrigation to produce commercial crops to enroll in the waiver by December 31, 2010. The current emphasis of the Ag Waiver program in Region 9 is providing information to growers to make them aware of the requirements. Currently, the process for disseminating information includes mailing out a notification letter which outlines waiver requirements including deadlines for enrollment and submittal of monitoring plans and reports. Also, Regional Board staff have regularly performed presentations at workshops and other special events that are attended by growers. In creating public awareness of the ag waiver, a special emphasis is being placed on informing growers of the advantages of enrolling in a monitoring group. The public outreach process implemented in the last two months includes the following. On March 11, 2009 Pete Peuron provided an update to members of the San Diego Regional Board at the monthly Regional Board public hearing. The update included a discussion of impairments in the region related to agriculture, the regulatory background/history of the waiver, specific requirements of the waiver and the status of waiver implementation. Regional Board members suggested modifications to the notification letter that is being mailed out. Currently, the notification letter is being altered pursuant to these suggestions. Eric Larson, San Diego Farm Bureau CEO and group leader of the San Diego Region Irrigated Lands Group also presented an overview of the status of his program during the update session. Currently, the Irrigated Lands Group is the region's only monitoring group and it has already enrolled nearly half of the agricultural acreage in the region. During the month of March, over 1,000 letters were mailed which notified growers of their responsibility to enroll by 2011 (prior to the board hearing). Also, Regional Board staff participated in an event known as Grape Day in Temecula, California. Requirements of the Total Maximum Daily Loads Program that will affect grape growers were discussed, along with a presentation of the Ag Waiver's requirements. Recently, Regional Board staff have been engaged in preparing the approach for regional monitoring that will be implemented beginning in 2011. An outline of the approach has been prepared based on the Los Angeles Region's current approach and a meeting has been scheduled to discuss the approach with the San Diego Region Irrigated Lands Group. In conjunction with this effort, Regional Board staff working on the ag waiver will coordinate with other staff that are involved in region-wide monitoring so that existing monitoring efforts can be integrated with monitoring performed pursuant to the waiver. For additional information on the San Diego Conditional Waiver for Irrigated Lands, please contact Peter Peuron at (858) 637-7137, ppeuron@waterboards.ca.gov

APPENDIX 3

Current Board Member Directives Checklist as of 5/14/2009

Modiy the SIP to include policy direction on the

f h

Staff Requested by Board member

Issue Due Date Direction Current Status

9/16/2003 Rik Rasmussen WQO 2003-12 Toxicity Revisions to the SIP

Release draft revisions - January 2009. Adoption - Spring 2009.

Modiy the SIP to include policy direction on the use of the numeric chronic toxicity effluent limits in NPDES permits for POTWs that discharge to inland waters.

Staff is currently working to revise the toxicity control provisions in the SIP. Proposal changes include 1) clarifying the appropriateness of numeric toxicity effluent limits in NPDES permits and 2) expanding and standardizing implementation requirements for toxicity control.  Staff is working with USEPA on developing options for determining highly defensible statistical methods for the analysis of toxicity testing data. Staff are working with USEPA to verify possible statistical methods for determining compliance with permit toxicity limits. Results of this project will lead to defensible options for toxicity control.    USEPA has funded a contract with SAIC for an economic analysis of the proposed changes.

11/15/2006(during Klamath

River TMDL proceedings)

Steven Herrera, Karen Niiya, Eric Oppenheimer

All Inclusion of the Klamath River watershed in the policy being developed pursuant to AB 2121

late 2009 Upon adoption of the policy for the five counties described in Water Code section 1259.4, the Board should consider the expansion or amendment of AB 2121 policy to include the Klamath River and its tributaries.

The Division of Water Rights has developed a draft policy for protection of instream flows in five coastal counties described in Water Code section 1259.4 as added by AB 2121. Upon adoption of this policy, the Board may consider amending the policy or developing a policy specifc for the Klamath River and its tributaries. The policy for the Klamath River and its tributaries should include all limitations and mitigations developed as part of any 303(d) listing and TMDL requirements. The Division recomends that the Board wait until it has adopted the policy for the five coastal counties before expanding instreamflow protections policies elsewhere in California.

2/19/2008 Shakoora Azimi-Gaylon

ResolutionNo. 2008-0014

Plan for Enclosed Bays/ Estuaries-Part 1 Sediment Quality

Feb-09 Directs staff to initiate appropriate proceedings to amend the section 303(d) listing policy by February 2009.

In progress. Expected Board consideration February, 2009

4/15/2008 Wetland Policy Development Team

All Regional Policy Progress Updates

Summer 09 State Board has directed in the Board Wetland Policy resolution (April 15, 2008) that the Wetland Policy Development Team report back to the Board following the peer review of Region 1 & 2's Stream and Wetlands System Protection Policy and also within the public comment period prior to Regional Board adoption.

The peer review process has been delayed.

6/1/2008 Executive Frances Spivy-Weber Aerial Deposition Executive staff and Board lead will coordinate with ARB to evaluate joint solutions to aerial deposition that impacts water quality.

Bd Directives 5-19-09.xls 9:35 AM 5/14/2009

APPENDIX 3

Current Board Member Directives Checklist as of 5/14/2009

Modiy the SIP to include policy direction on the

f h

Staff Requested by Board member

Issue Due Date Direction Current Status

9/2/2008 Jon Bishop All Recycled Water Policy

Nov-08 Bring suggested staff changes to stakeholder draft recycled water policy back to the Board.

Completed.

9/16/2008 Barbara Evoy All SRF Loans Mar-09 Bring to the Board for consideration options on how to address 218 vote. One option must inculde no new SRF loans until the issue is resolved.

In progress.

10/7/2008 Miles Burnett Gary Wolff Development of Environmental User Fees

May-09 Such a fee was adopted for NPDES permitees. Similar fees should be developed for other permit types.

Alternative fee strategies are being developed.

11/4/2008 DWQ Frances Spivy-Weber Beaches Jul-09 Include the use of rapid indicators in discussions on long term funding for beach monitoring.

11/18/2008 DFA All SRF Loans Jul-09 Work with CASA and Tri-TAC to develop alternatives to explore safetyfund for the SRF to protect against rate rollbacks.

In progress.

1/6/2009 Liz Haven All Suction Dredge Jul-09 Work with DFG to define scope of work for suction dredge EIR. Brief Board members on process and contents.

Update on status in February and April Executive Director's Report.

2/17/2009 DWQ All Blue Green Algae Apr-09 Report back to the Board on Blue Green Algae work being conducted on the Klamath.

2/17/2009 DWQ All LID Jul-09 Staff will follow up with the Coastal Commission and DWR IRWM on outreach for LID education for the Municipalities and report back in a future ED report.

2/17/2009 Darrin Polhemus Charles Hoppin Monitoring Jan-10 Report back from time to time in the ED report on work with the shipping industry regarding monitoring requirements.

Bd Directives 5-19-09.xls 9:35 AM 5/14/2009

Appendix 4

Statewide Sanitary Sewer Overflow Reduction Program

Annual Compliance Report

EXECUTIVE DIRECTOR’S REPORT State Water Resources Control Board

May 2009

SSO Reduction Program: Annual Compliance Report, May 2009

Page 2 of 25

TABLE OF CONTENTS 1. BACKGROUND 3

2. REGIONAL WATER BOARD SSO PROGRAM REQUIREMENTS 4

3. STATEWIDE IMPLEMENTATION 5

A. Sanitary Sewer Overflow (SSO) Program Outreach 5

B. SSO Database and External Users Group 6

C. Enrollee Training Resources 6

D. Regional Water Board SSO Training 9

E. SSO Incident Maps 9

F. Enforcement Actions 10

4. STATEWIDE SSO COMPLIANCE 10

A. Enrollment for Coverage 10

B. Compliance with SSO Reporting Requirements 11

C. Sanitary Sewer Management Plan (SSMP) Certification 12

D. Collection System Questionnaire 12

E. Reported SSOs and Private Lateral Sewer Discharges (PLSDs) 13

SSO Reduction Program: Annual Compliance Report, May 2009

Page 3 of 25

This report provides an update on the Statewide Sanitary Sewer Overflow Reduction Program (SSO Program). It updates information contained in the May 2008 Executive Director’s Report. The State Water Resources Control Board (State Water Board) requested the May 2008 Executive Director’s Report and the update to address statewide compliance with the General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No. 2006-0003-DWQ, Sanitary Sewer Order). This updated report contains detailed information on SSO Program history, goals, requirements, implementation efforts, compliance, and enforcement actions. 1. BACKGROUND A sanitary sewer overflow (SSO) is any overflow, spill, release, discharge, or diversion of untreated or partially treated wastewater from a sanitary sewer system. A sanitary sewer system is any system of pipes, pump stations, sewer lines, or other conveyances, which is owned or operated by a public entity, used to collect and convey wastewater to a treatment facility. SSOs do not include overflows from privately-owned service laterals when these overflows are caused by blockages or other problems within the privately-owned lateral. These overflows are known as private lateral sewage discharges (PLSDs). SSOs do include overflows from privately-owned laterals when the cause is a problem within the publicly-owned sanitary sewer system. SSOs and PLSDs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oil, and grease. SSOs and PLSDs can pollute surface and ground waters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters. SSOs and PLSDs also can result in closure of beaches and other recreational areas, inundate properties, and pollute rivers and streams. In 1999, under a Presidential directive, the United States Environmental Protection Agency (U.S. EPA) began work on federal standards to regulate sanitary sewer systems. U.S. EPA released proposed regulations under the Capacity, Management, Operation, and Maintenance (CMOM) Program in 2001. The U.S. EPA did not finalize the CMOM Program or promulgate any of its rules. In 2004, the State Water Board adopted Resolution No. 2004-0080, which committed it to the development of a regulation that would reduce the numbers and volumes of SSOs by requiring the proper operation and maintenance of sanitary sewer systems. In May, 2006, the State Water Board adopted the Sanitary Sewer Order to address the issue of SSOs in a consistent and uniform manner statewide. The Sanitary Sewer Order incorporated a number of regulatory concepts underpinning the proposed CMOM program. Through the SSO Program (http://www.waterboards.ca.gov/water_issues/programs/sso/), California became the first state in the nation to implement a comprehensive program focused on regulation of sanitary sewer systems. The objective of the Sanitary Sewer Order is to reduce the number and volumes of SSOs across the state through the proper operation and maintenance of sanitary sewer systems. The Sanitary Sewer Order requires any publicly-owned agency with more than one mile of sanitary sewer lines connected to a publicly-owned treatment facility to enroll for coverage under the Sanitary Sewer Order, develop and implement a sewer system management plan (SSMP), and report all SSOs to a statewide SSO database. The order does not apply to spills of sewage downstream of the headworks of a publicly-owned treatment facility. Spills of this nature are reported under the terms of the individual National Pollutant Discharge Elimination System (NPDES) permit or WDRs.

SSO Reduction Program: Annual Compliance Report, May 2009

Page 4 of 25

The SSMP documents the actions an enrollee is taking to properly operate and maintain their sanitary sewer system(s). An SSMP must address elements of sanitary sewer system reliability, including operation and maintenance; sanitary sewer system evaluation and capacity assurance; emergency response; and fats, oils, and grease (FOG) control. After enrolling in the Sanitary Sewer Order, an enrollee must complete a collection system questionnaire that provides a survey of their organization and its sanitary sewer system, and update the questionnaire annually. An enrollee is then required to report all SSOs from their sanitary sewer systems. PLSDs are not an enrollee’s responsibility and PLSDs are not required to be reported, but enrollees may voluntarily do so. Finally, an enrollee must submit a ”no spill certification” if its sanitary sewer system does not experience any SSOs for a given calendar month. Between SSO reporting and no spill certification submittal, the Sanitary Sewer Order requires an enrollee to submit information to the State Water Board at least monthly, a requirement that is tracked by staff. All information submitted in accordance with the Sanitary Sewer Order’s Monitoring and Reporting Program is done electronically through the SSO database, which is a module within the California Integrated Water Quality System (CIWQS). To provide adequate time for training on how to use the SSO database, the State Water Board phased in deadlines for SSO reporting, according to the time schedule shown in Table 1 below:

Regional Water Board Date Began Reporting SSOs

Regions 4, 8, 9 January 2, 2007

Regions 1, 2, 3 May 2, 2007

Regions 5, 6, 7 September 2, 2007

Table 1 – Reporting phase-in schedule for Enrollees To help implement the SSO Program, the State Water Board received authorization for three additional Personnel Years (PYs). Although subject to future review and possible revision, current staffing is as follows. One PY is dedicated to Information Technology (IT) support services for maintenance and enhancements of the SSO database. The other two PYs are within the Division of Water Quality (DWQ) and are tasked to perform Sanitary Sewer Order implementation activities, including statewide outreach and training, assistance with enrollment and reporting, assistance with database development and deployment, program reporting, and compliance and enforcement coordination. The Regional Water Quality Control Boards (Regional Water Boards), however, continue, as before adoption of the Sanitary Sewer Order, to be responsible for enforcement related to specific SSO events. 2. Regional Water Board SSO Program Requirements Some Regional Water Boards have issued their own WDRs for sanitary sewer systems within their jurisdictions. The Statewide Sanitary Sewer Order establishes minimum requirements to prevent SSOs. Although it is the State Water Board’s intent that the Sanitary Sewer Order be the primary regulatory mechanism for sanitary sewer systems statewide, Regional Water Boards may issue more stringent or more prescriptive WDRs for sanitary sewer systems. Table 2 below provides a summary of current applicable Regional Water Board WDRs now in effect that establish additional requirements above those required by the statewide Sanitary Sewer Order.

SSO Reduction Program: Annual Compliance Report, May 2009

Page 5 of 25

Regional Water Board

Requirements in Place Beyond Statewide Sanitary Sewer Order

Region 1 Order No. R1-2003-0047

Region 2 RB2 Sanitary Sewer Overflow Reduction Program

Region 3 none

Region 4 none

Region 5 none

Region 6 none

Region 7 none

Region 8 none

Region 9 RB9 Order No. 96-04

Table 2 – Regional Water Board SSO Requirements 3. STATEWIDE IMPLEMENTATION Over the past year, staff has primarily focused its resources in the following areas to achieve successful statewide compliance with Sanitary Sewer Order requirements and provide information to the public:

a. Conducting statewide outreach, including speaking engagements, to increase program participation and clarify SSO Program requirements.

b. Maintaining and improving the SSO online database functions, features, and

operation.

c. Providing assistance to non-profit and trade associations for outside training and resource material development.

d. Conducting Sanitary Sewer Order training classes to assist Regional Water Board permitting, compliance, and enforcement staff.

e. Developing and deploying a GIS SSO incident mapping tool to address California

Water Code (CWC) section 13193, which mandates making GIS SSO maps available where possible.

f. Taking enforcement actions.

A. SSO Program Outreach

Over the past year, outreach played a key role in both increasing enrollee participation in the SSO Program and reaching other interested stakeholders such as environmental groups and the general public, who continue to express interest in the successful implementation of the SSO Program. Specific outreach has been varied to provide information about the Sanitary Sewer Order to as many different audiences as possible, including:

SSO Reduction Program: Annual Compliance Report, May 2009

Page 6 of 25

• Giving external presentations: Staff has routinely delivered presentations at various industry forums, including those provided by trade and non-profit associations such as the California Water Environment Association (CWEA), Southern California Alliance of POTWs (SCAP), Bay Area Clean Water Association (BCWA), and Central Valley Clean Water Association (CVCWA).

• Providing CIWQS Help Line assistance: The CIWQS Help Center answers questions from

enrollees on how to use the online SSO database. • Assisting in the development of the SSO Public Reports Web site: The Web site has been

recently expanded to provide more information, including detailed SSO and PLSD certified reports entered by enrollees: https://ciwqs.waterboards.ca.gov/ciwqs/readOnly/PublicReportSSOServlet?reportAction=criteria&reportId=sso_overview

• Developing and maintaining the Sanitary Sewer Order website: Staff maintains a Web

page that provides extensive information about the Sanitary Sewer Order and SSOs in general, available at the following link. http://www.waterboards.ca.gov/water_issues/programs/sso/index.shtml

• Sending listserve messages: Staff sends out updates on a regular basis regarding the

Sanitary Sewer Order by email listserve messaging. B. SSO Database and External Users Group Staff developed the SSO database and enrollees are using it to report SSOs and PLSDs. The SSO database is part of CIWQS, a computerized system used by the Water Boards to store information on permits, inspections, monitoring, violations, and enforcement activities. The SSO database allows online submittal of information by enrollees and makes this data available to the public through the use of public reports. The SSO database was created in collaboration with an advisory group of enrollees with the goal of achieving accurate and consistent data collection. Staff continues to maintain and enhance, within available resources, the SSO database. Staff relies on input from an SSO database external users group comprised of enrollees. The group’s recommended changes are tracked via an Excel-based issues list. Staff also developed a number of tools to assist enrollees in the use of the SSO database. For example, a user’s guide for enrollees that describes how to use the database can be found at http://www.swrcb.ca.gov/sso/docs/discharger_workbook.pdf. This guide provides step-by-step instructions on how to submit data to the SSO database. Additionally, staff operates a technical support phone line in the CIWQS Help Center that enrollees can call for assistance or to report problems with online reporting. The SSO database also contains online help within the application itself to provide assistance and additional information. Staff continues to enhance these tools to assist enrollees with using the SSO database. C. Enrollee Training Resources

The State Water Board signed a Memorandum of Agreement (MOA) with CWEA to offer Sanitary Sewer Order training to enrollees. CWEA created, in cooperation with staff, a training course for both reporting to the SSO database and developing a SSMP. CWEA has offered the SSO database electronic reporting and SSMP development classes statewide and will continue

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to do so under the terms of the MOA. Figures 1 through 4 below summarize the number of enrollees that have participated in the CWEA classes for electronic reporting, SSMP training, and media response.

CWEA Training (Electronic Reporting Class)

58561%

37439% Attendee of CWEA's

Electronic ReportingTraining ClassEnrollees not attendingCWEA's ElectronicReporting Training

Figure 1 – CWEA Training (Electronic Reporting Class)

CWEA Training (SSMP Class)

24125%

71875%

Attendee of CWEA'sSSMP Training Class

Enrollees not attendingCWEA's SSMPTraining

Figure 2 –CWEA Training (SSMP Training Class)

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CWEA Training (SSMP 4M's Class)

10411%

85589%

Attendee of CWEA'sSSMP 4M's TrainingClassEnrollees not attendingCWEA's SSMP 4M'sTraining

Figure 3 –CWEA Training (SSMP Map, Maintain, Measure & Modify (4M’s) Training Class)

CWEA Training (SSMP Communication Class)

434%

91696%

Attendee of CWEA'sSSMP CommunicationTraining ClassEnrollees not attendingCWEA'sCommunication Training

Figure 4 – CWEA Training (Media Spill Training Class)

One of the challenges with enrollee training is reaching small agencies that either cannot afford to pay for training or cannot attend the training because of limited staff size. A wastewater industry organization, California Rural Water Association (CRWA), is providing separate Sanitary Sewer Order training and outreach effort to address the needs of small sanitary sewer system agencies. CRWA’s mission is to provide on-site technical assistance and specialized training for rural water and wastewater systems. A large portion of CRWA’s membership is enrolled under the Sanitary Sewer Order, which means CRWA is well positioned to provide training to this group. Staff continues to participate in a consultative role for the production of new, periodic review and updates of existing Sanitary Sewer Order classroom materials via the established MOA with CWEA, including participation in a regular monthly Training Task Force meeting and via oral communication with education and marketing staff at CWEA.

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D. Regional Water Board SSO Training State Water Board staff, with technical assistance from outside consultants, delivered customized training in northern and southern California for Regional Water Board staff covering sanitary sewer system operation and maintenance. The class curriculum included information on audits of sanitary sewer systems, the Sanitary Sewer Order, SSMPs, and procedures for responding to and investigating SSOs. The first two days provided a technical overview of sanitary system design, operation and maintenance, including a one-half day field trip to observe sanitary sewer system field crews performing maintenance tasks. The third day focused on the regulatory aspects of the Sanitary Sewer Order and sanitary sewer systems, including SSMP development, reporting requirements, compliance assurance, and enforcement. Additional advanced training classes on this subject matter are under development and will be presented to staff in late 2009. E. SSO Incident Maps The State Water Board has released a new interactive geographic information system (GIS) Web based display of sewer spill information to the public in May 2009 that depict SSO (http://www.waterboards.ca.gov/water_issues/programs/sso/sso_map/sso_pub.shtml) and PLSD (http://www.waterboards.ca.gov/water_issues/programs/sso/sso_map/sso_priv.shtml) incidents (sanitary sewer systems only, not from wastewater treatment plants) that have been reported to CIWQS by enrollees. This tool shows CIWQS certified spill data on Google maps and was developed in-house. It implements requirements in CWC section 13193, which requires the State Water Board to make reports available to the public, using GIS maps where possible, and supports the State Water Board's Strategic Plan goal of communicating public information regarding the state's waters in an easily understood form. The mapping tool incorporates numerous recommendations from the External Users Group, including the capability to search by date (default shows spills entered from past four months), spill size, and individual agencies enrolled in the Sanitary Sewer Order. Figure 5 below provides a view the incident map for SSOs for certified spill incidents in CIWQS provided by enrollees over the past four months.

Figure 5 – SSO GIS Incident Map

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F. Enforcement Actions During fiscal year 2008-2009, CIWQS data shows a total of six formal enforcement actions have been taken by Regional Water Boards, resulting in more than $2 million in assessed liabilities for SSOs throughout the state. Staff are developing an SSO Compliance and Enforcement Plan that is intended to achieve statewide compliance in a fair and consistent manner. Staff plans to present the SSO Compliance and Enforcement Plan to the State Water Board in June 2009. This plan identifies the specific enforcement actions to be undertaken over the next year to comprehensively address noncompliance with the Sanitary Sewer Order’s key requirements. Through utilization of fair, consistent and progressive compliance and enforcement actions, staff intends to achieve a high overall compliance rate, in harmony with the goals of the State Water Board’s Enforcement Policy and Strategic Plan objectives. 4. STATEWIDE SANITARY SEWER ORDER COMPLIANCE AND ENFORCEMENT ACTIVITIES The following section provides an update on enrollee compliance with requirements of the Sanitary Sewer Order, including enrollment for coverage, monthly reporting, SSMP certification, and completion of the collection system questionnaire. It also includes information on SSO events. A. Enrollment for Coverage The Sanitary Sewer Order requires any public entity that owns or operates a sanitary sewer system comprised of more than one mile of pipe or sewer lines that conveys wastewater to a publicly owned treatment facility to apply for coverage under the Sanitary Sewer Order. In June 2006, staff mailed out Sanitary Sewer Order applications (or Notice of Intent forms) for coverage to 1,334 known potential enrollees statewide. By October 2007, staff had not received a response to this mailing from 215 of the original 1,334 known potential enrollees. At that time, staff mailed out a letter regarding noncompliance with the requirement to submit a Sanitary Sewer Order application to all 215 “non-responding” known potential enrollees. As a consequence of this letter and subsequent staff work, all known potential enrollees have now complied with the enrollment provisions of the Sanitary Sewer Order. Staff occasionally receives notifications from Regional Water Boards of sanitary sewer systems that were not on the original list and that are not enrolled. Staff follows up on these notifications to enroll these systems. The overall enrollment trend for the Sanitary Sewer Order is shown in Figure 6 below. Currently, 1,100 enrollees are enrolled under the Sanitary Sewer Order. The total number of enrollments may decrease from time to time, due to cancellation of enrollment. Reasons for cancellations of enrollment include: (1) agency enrolled even though it did not meet application criteria (i.e., greater than one mile of sewer pipe and/or public entity); (2) duplicate enrollment, due to submittal of multiple applications; or (3) errors in data entry.

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Statewide Sanitary Sewer Order Enrollment Trend

1044 10

62

1044

1094

1094

1099

1086

1062

1067

1071

1073

1077

1082

1083

1084

1086

1087 11

00

1018

900

950

1000

1050

1100

1150

Sep-07

Oct-07

Nov-07

Dec-07

Jan-0

8

Feb-08

Mar-08

Apr-08

May-08

Jun-0

8Ju

l-08

Aug-08

Sep-08

Oct-08

Nov-08

Dec-08

Jan-0

9

Feb-09

Mar-09

Figure 6 – Enrollment for coverage

B. Compliance with SSO Reporting Requirements A monthly reporting compliance rate can be established by determining how many individual enrollees submitted either a SSO report or no spill certification for a given calendar month. Monthly reporting compliance rates are shown in Figure 7 below for the months of September 2007, when statewide reporting became mandatory in all Regions, to January 2009. The monthly reporting compliance rate during this period fluctuates from month to month and averages 61%.

Enrollees Reporting SSOs or No Spill Certifications(Average = 61%)

0%

20%

40%

60%

80%

100%

Sep-07

Oct-07

Nov-07

Dec-07

Jan-0

8

Feb-0

8

Mar-08

Apr-08

May-08

Jun-0

8Ju

l-08

Aug-08

Sep-08

Oct-08

Nov-08

Dec-08

Jan-0

9

Compliance 38% 39% 40% 40% 41% 44% 62% 64% 79% 80% 79% 78% 77% 73% 75% 74% 58%

Sep-07

Oct-07

Nov-07

Dec-07

Jan-08

Feb-08

Mar-08

Apr-08

May-08

Jun-08

Jul-08

Aug-08

Sep-08

Oct-08

Nov-08

Dec-08

Jan-09

Figure 7 – Enrollee Month-to-Month Compliance with Spill and No-Spill Reporting

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The average monthly reporting compliance rate of 61% is less than the target level of 100%. The reporting rate also dropped off in January 2009 to 58%. Earlier in the year, staff sent out emails to enrollees reminding them that they must report spills or submit no-spill certifications. This was effective in increasing compliance, but the effect appears to have been temporary. Staff is developing a more comprehensive strategy for dealing with this noncompliance. C. SSMP CIWQS Certification The Sanitary Sewer Order gives enrollees a reasonable amount of time to develop their SSMPs, with smaller communities having more time to complete their online CIWQS certification of required SSMP task elements than larger communities. Enrollees are required to certify, within specified time frames, that the final SSMPs are in compliance with the Sanitary Sewer Order. This certification is done electronically in the SSO database. Enrollees are required to obtain their governing board’s approval at a public hearing for the plan for developing the SSMP and for the final SSMP certification. Enrollees do not send their SSMP to the State or Regional Water Boards for review or approval; however, they must make them available for review upon request.

The CIWQS online system for certifying the SSMP provides State and Regional Water Board staff with the ability to continuously monitor compliance of enrollees with SSMP development deadlines. Staff is currently evaluating SSMP certification data. D. Collection System Questionnaire The Sanitary Sewer Order requires enrollees to complete collection system questionnaires and update them every 12 months. The collection system questionnaire is a survey of an enrollee’s organization and facilities and includes such information as operating and capital expenditure budgets, miles of pipe, number of employees, and population served by the enrollee. The purpose of this survey is to put the enrollee’s SSMP and reported SSOs into context with organizational and facility characteristics. This is important because these characteristics have a significant impact on how an enrollee operates and maintains its sanitary sewer system. For example, “population served" represents the size of the rate paying base an enrollee has available from which to collect fees to operate and maintain the sanitary sewer system. The number of enrollees who have completed the collection system questionnaire currently totals 936, as shown in Figure 8 below. When divided by the current total number of 1,100 enrollees, this results in an 85% reporting compliance rate for the collection system questionnaire.

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Collection System Questionnaire Compliance

936

164Enrollees CompletingCollection SystemQuestionnaire

Enrollees NOTCompleting CollectionSystem Questionnaire

Figure 8 – Collection System Questionnaire Compliance

E. Reported SSOs and PLSDs i. Statewide Reported Spill Data

A summary of statewide SSO and PLSD discharge data reported by participating enrollees since reporting requirements became effective on January 2, 2007 is presented in Table 3 below. The Sanitary Sewer Order does not prohibit all SSOs but does prohibit those that reach surface water or that cause a nuisance. To be considered a nuisance, an SSO would have to affect an entire community or neighborhood, as specified in CWC section 13050(m)(2). State Water Board staff are actively conducting checks and taking necessary actions to ensure the accuracy of the data reported for the total of approximately 12,000 reported spills. Steps taken to ensure quality assurance and control include analysis of reported spills to identify erroneous data. When erroneous data are identified, the enrollee responsible for the data entry error is contacted and requested to correct it. The data summaries presented below are from analyses of data that staff has checked and has a high degree of confidence in. Staff will examine additional metrics when ongoing data cleanup by enrollees is completed, efforts to increase reporting become effective, and additional data is collected.

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# of

SSOs

Total Volume of SSOs(gal)

Total Volume

Recovered (gal)

Volume Reached

Surface Water (gal)

Percent Recovered

Percent Reached Surface Water

Total Miles Pressure

Sewer

Total Miles

Gravity Sewer

Total miles of Laterals Enrollee

Responsible For

# of SSOs

per 100

Miles Sewer

Volume Reaching Surface

Water per 100 Miles

Sewer

SSOs

10,974

35,769,735

12,459,502

27,383,974

35

77

13,871

176,393

17,732

5.3

13,166

Number of

PLSDs

Total Volume of

PLSDs(gal)

Total Volume Recovered

(gal)

Volume Reached

Surface Water (gal)

Percent Recovered

Percent

Reached Surface Water

Total Miles Private Laterals

#Spills per 100 Miles of Private

Laterals

Volume Reaching

Surface Water per 100 Miles

Private Laterals

PLSD

1,602

1,036,625

378,420

462,327

37

45

4,447,419

0.04

10

Table 3 – Overall Statewide SSO and PLSD Reports (from 1/2/07 to 4/6/09) ii. SSOs and Private Lateral Sewage Discharge Spill Trends

The reported number of sewage spills that reached surface water is presented in Figure 9 below. Of 12,576 reported spills, 2,265 reached surface water. Of these, 1694 or 75% were less than 1,000 gallons.

Number of SSO and Private Lateral Sewage Discharge Reports by Volume Reaching Surface Waters(Total = 2,265 Spills Reaching Surface Water)

0

500

1000

1500

2000

1694 365 160 43 3

>0 gallons to <1,000 gallons ≥ 1,000 to ≤ 10,000 gallons >10,000 to ≤ 100,000 gallons

>100,000 to ≤ 1,000,000 gallons >1,000,000 gallons

Figure 9 – Reported Number of Spills that Reached Surface Water

Examining the total number and volume of reported spills in the State by spill size class further illustrates the trends shown in Figure 9 for the spills reaching surface water. Ninety two percent of all spills in the State are less than 1,000 gallons as illustrated in Figure 10 below.

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Percentage of Total Number of Spills By Spill Size Class (1/2/2007 to 4/3/2009)

92%

5% 1% 2% 1% 0.1%0%

20%

40%

60%

80%

100%

0 to 999Gallons

1000 to 4999Gallons

5000 to 9999Gallons

10000 to49999 Gallons

50000 to499999Gallons

500000+Gallons

Spill Size Class (Gallons)

Perc

enta

ge o

f Tot

al

Num

ber

of S

pills

Figure 10 – Percentage of Total Number of Spills By Spill Size Class

Of the reported volume spilled in the State, 48% is caused by 0.1% of the spill events as illustrated in Figure 11 below. Further examination of Figures 10 and 11 shows that only 4% of the reported volume of sewage spilled in the State is caused by 92% of spill events while 48% of the volume spilled is caused by 0.1% of reported spill events.

Percentage of Total Spill Volume By Spill Size Class(1/2/2007 to 4/3/2009)

4%12%

31%

48%

4%3%

0%10%20%30%40%50%60%

0 to 999Gallons

1000 to 4999Gallons

5000 to 9999Gallons

10000 to49999 Gallons

50000 to499999Gallons

500000+Gallons

Spill Size Class (Gallons)

Perc

enta

ge o

f Tot

al

Volu

me

of S

pills

Figure 11 – Percentage of Total Volume of Spills By Spill Size Class

iii. Sewage Spills By Cause The percentage of total SSO and PLSD spill reports by actual spill causes is presented in Figures 12 and 13 below. The data indicates that common and manageable causes (root

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intrusion, grease deposition, debris) are responsible for 79% of all SSO spills and 64% of all PLSD spills. The “misc.” category noted in the charts includes the following causes for SSO and PLSD spills:

• unknown cause, • pump station failure, • debris-rags, • debris-construction material, • rainfall exceeded design, • vandalism, • flow exceeded capacity, • pipe failure during construction, • maintenance, • improper installation, • operator error, • valve failure, • failure from diversion during construction, • siphon failure, • inappropriate discharge, • non-collection system related, and • other.

PERCENTAGE OF REPORTED SSO SPILLS BY CAUSE

19%

16%

16%44%5% Root intrusion

Grease deposition (FOG)

Debris-General

Misc.

Pipe structuralproblem/failure

Figure 12 – Percentage of Reported SSOs by Cause

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PERCENTAGE OF REPORTED PLSD SPILLS BY CAUSE

29%

28%22%

14%7%

Misc.

Debris-General

Root intrusion

Grease deposition (FOG)

Pipe structuralproblem/failure

Figure 13 – Percentage of Reported PLSDs by Cause

iv. Sewage Spills By Pipe Characteristics

Sewer Pipe Diameter: The Sanitary Sewer Order does not require submittal of pipe characteristics. The SSO and PLSD spill report data indicates that: 1) since it is not required, many enrollees are not reporting the sewer diameter in their spill reports (67% for SSOs and 73% for PLSDs), and 2) that at least 30% of SSO spills and at least 27% of PLSD spills occur in pipe sizes of 1-8”. In light of the common causes of spills noted above (i.e., root intrusion, grease deposition, and debris), it is expected that smaller diameter pipes would be affected by these factors to a higher degree.

Sewer Pipe Age: The percentage of the total volume of reported SSO and PLSD spills by sewer age is presented in Figure 14 below. The Sanitary Sewer Order does not require submittal of sewer age. The data indicates that: 1) since it is not required, many enrollees are not reporting the sewer age in their spill reports (84% of spills reported, 51% of reported volume spilled), and 2) at least 40% of the volume spilled occurs in pipes 11-45 years of age. In light of the common causes of spills noted above (i.e., root intrusion, grease deposition, and debris), it is expected that the volume spilled may not be closely correlated with pipe age versus if pipe failure where a leading cause.

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PERCENTAGE OF TOTAL VOLUME OF SPILLSBY SEWER AGE

3%

24%

6%

10%

4%1% 1%

1-10 YEARS11-25 YEARS26-35 YEARS36-45 YEARS46-55 YEARS56-75 YEARS76-119 YEARS

Figure 14 – Percentage of Total Reported Volume of SSOs and PLSDs by Sewer Age

Sewer Pipe Material: The Sanitary Sewer Order does not require submittal of pipe material. The reported SSO and PLSD spill data indicates that: 1) since it is not required, many enrollees are not reporting the pipe material in their spill reports (73% of spills reported), and 2) that at least 21% of the reported spills occur in vitrified clay pipes (VCP). This result is likely due to the prevalence of VCP that has been utilized for sanitary sewer system piping in the state. Increased thoroughness in reporting will help to clarify any trends related to pipe material and sewage spills. v. Regional Trends of Sewage Spills In order to make regional comparisons of the number and/or volumes of sewage spills, it is relevant to consider the variations among regions in population served, miles of pipe, and age of pipe, among other factors. At this time, the population served and number of spills reported by region can be assessed. When data cleanup efforts are completed, staff will examine other regional spill factors. The reported population served by collection systems in each region is presented in Figure 15 below. The data indicates that most people served by collection systems are in Regions 2, 4, 5S, 8, and 9. The percentage of reported SSOs and PLSDs by Regional Water Board is presented in Figure 16. The data indicates that: 1) Regions 2 and 5S account for 64% of reported spills in the state (R2=34% and R5S = 30%), and 2) 91% of the reported spills occur in Regions 2, 4, 5S, 8, and 9. This result is consistent with the population served by sanitary sewer systems in these regions. The percentage of the total volume spilled in the State by Region is presented in Figure 17 below. The data indicates that Regions 2 and 9 account for approximately 74% of the reported volume of sewage spilled in the state.

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Accordingly, increased compliance efforts in Water Board Regions 2, 4, 5S, 8, and 9 may yield the best results for reduction of the volume and number of sewage spills.

TOTAL REPORTED POPULATION SERVED BY COLLECTION SYSTEMS BY REGION

0

5

10

15

20

25

1 2 3 4 5F 5R 5S 6A 6B 7 8 9

REGION

POPU

LATI

ON

(M

ILLI

ON

S)

Figure 15 – Reported Population Served by Collection Systems by Region

PERCENTAGE OF REPORTED SPILLS BY WATER BOARD REGION

0%

10%

20%

30%

40%

1 2 3 4 5F 5R 5S 6A 6B 7 8 9

Region

% o

f Rep

orte

d Sp

ills

Figure 16 – Percentage of Reported SSOs and PLSDs by Region

SSO Reduction Program: Annual Compliance Report, May 2009

Page 20 of 25

PERCENTAGE OF TOTAL VOLUME SPILLED BY WATER BOARD REGION

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

1 2 3 4 5F 5R 5S 6A 6B 7 8 9

Region

% o

f Rep

orte

d Vo

lum

e Sp

ille d

Figure 17 – Percentage of Total Volume Spilled by Region

vi. Summary of Reported Spill Data

Spill data collected to date indicates that 79% of the volume of sewage spilled in the State has occurred from only 52 out of 1,100 collection systems enrolled in the Sanitary Sewer Order. In addition, 98 spill locations are responsible for 79% of the volume spilled in the State since reporting was required indicating that of the 52 responsible, enrolled collection systems, many have had multiple spill locations. A summary of the top 20 collection systems ranked from highest volume of sewage spilled to lowest volume of sewage spilled in the State since reporting was required is presented in Table 4 below.

Table 4 – Top Twenty Enrolled Collection Systems Ranked by Volume of Sewage Spilled

Region Collection System # of Events Rank* 9 Carlsbad MWD CS 1 1 2 San Mateo CS 17 2 2 Town Of Hillsborough CS 8 3 2 Richmond City CS 7 4 2 San Bruno City CS 4 5

6A Susanville CSD CS 1 6 9 Santa Margarita Water District CS 2 7 9 Rainbow Municipal Water Dist CS 1 8 9 City Of Laguna Beach CS 2 9

5S County Sanitation District 1 CS 1 10 2 Mt. View SD CS 1 11

5F City Of Visalia CS 1 12 5S Dry Creek, Zone 173 CS 1 13 2 Sonoma Valley County S.D. CS 5 14

5F City Of Bakersfield CS 1 15 9 San Diego City CS 2 16 9 City Of Vista CS 1 17 7 Coachella Valley Water District CS 2 18 2 Novato And Ignacio CS 3 19 9 Santa Rosa WRF-Recycled Wtr CS 2 20

* Rank 1 = highest volume spilled, Rank 20 = lowest volume spilled

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In terms of the best performing collection systems in the State, 254 systems have complied with the monthly spill/no-spill reporting requirements and had no SSOs during the 12 month period from March 2008 to February 2009. A list of these collection systems by Region is presented in Table 5.

Table 5 – Collection Systems In Compliance With Reporting Requirements and Having No SSOs REGION COLLECTION SYSTEM REGION COLLECTION SYSTEM

1 Calpella CA WD CS 5F Corcoran CS 1 College Of The Redwoods, CS 5F Corcoran State Prison CS 1 Etna CS 5F CSA 71.3 CS 1 Forestville Water District CS 5F Delft Colony CS 1 Garberville CS 5F Delhi CWD CS

1 Happy Camp SD CS 5F East Niles Community Services CS

1 Loleta CS 5F El Rancho CS 1 Miranda CS 5F Farmersville WWTP CS 1 Pelican Bay Prison CS 5F Franklin CWD CS

1 Redway CS 5F FRESNO CO #30-EL PORVENIR CS

1 Salt Point State Park CS 5F FRESNO CO #32-CANTUA CREEK CS

1 Scwa Airport CS 5F FRESNO CO #34-MILLERTON NEW TOWN CS

1 Scwa Geyserville Csd CS 5F FRESNO CO #38-SKY HARBOUR CS

1 Scwa Occidental Csd CS 5F FRESNO CO #44A-MILLERTON LAKE MHV CS

1 Scwa Oceanic Prop. Central Pla CS 5F Fresno Co #44-D MONTE

VERDE ESTATES CS

2 Almontesd CS 5F FRESNO CO #47-QUAIL LAKE CS

2 Anthony Chabot Regional Park CS 5F Ivanhoe PUD CS

2 Bolinas Community PUD CS 5F Juvenile Justice Campus CS 2 Contra Costa County SD 6 CS 5F Kerman CS 2 Coyote Hills Regional Park CS 5F Kern Valley State Prison CS 2 CSU East Bay CS 5F Laborde Ranch- CSA 71.2 CS 2 Ebmud CS 5F Lamont PUD CS 2 Foster City CS 5F Lewis Ranch CSA 71.1 CS 2 Garin Regional Park CS 5F London WWTP CS

2 Lawrence Berkeley National Laboratory CS 5F Malaga Cwd CS

2 Marin Csd 5 Paradise Cove CS 5F Mi-Wuk Village CS

2 Sonoma County Water -Penngrove CS 5F Moccasin Powerhouse CS

2 The California Veterans Home CS 5F North Kern State Prison CS

3 Bear Creek Estates CS 5F PIXLEY CS 3 Buellton CS 5F Planada Csd CS

3 Cachuma Lake Recreation Area CS 5F Pleasant Valley State Prison CS

3 California Mens Colony CS 5F Reeder Tract WWf, Csa #398 CS

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REGION COLLECTION SYSTEM REGION COLLECTION SYSTEM 3 Cambria Csd CS 5F San Joaquin CS 3 Castroville Water District CS 5F Sequoia Fields/Bob Wiley CS

3 County Service Area 12 CS 5F Sommerville Almond Tree Owners Association CS

3 CSU Cal Poly Slo CS 5F Stallion Springs Csd CS 3 Cuesta College CS 5F Tipton CSD CS

3 Domestic Wastewater CS 5F Tonyville CS

3 Estrella Correctional Facility CS 5F Tooleville CS 3 Heritage Ranch CS 5F Traver CS

3 Lompoc Regional Water Reclamat CS 5F Twain Harte Csd CS

3 Los Alamos CS 5F UC Kearney Research and Extension Center CS

3 Meadowbrook CS 5F Wells Tract Zone of Benefit (ZOB) CS

3 Monterey Csa - Chualar CS 5F Winton Water and Sanitary District CS

3 Mrwpca Reg Trtmt & Outfall Sys CS 5R Adin CS

3 Nipomo Csd Black Lake CS 5R Anderson CS 3 San Juan Bautista CS 5R Butte Csa #21 CS

3 Santa Ynez C.S.D. CS 5R City Of Loyalton CS

3 South San Luis Obispo Sd CS 5R City Of Wilows CS 3 Tertiary CS 5R Corning Indust/Domestic CS

3 Watsonville CS 5R Crocker Mountain Estates CS

4 Aneta Zone CS 5R East Quincy Services District CS 4 Artesia City CS 5R Gerber CS 4 Bell City CS 5R Gold Mountain CS 4 Bellflower City CS 5R Greenville CS 4 Bradbury City CS 5R Loafter Creek Campground CS

4 Camarillo Utility Enterprise- Camarillo Airport CS 5R Mineral CS

4 Camarillo Water Reclam. Plant CS 5R Oroville CS

4 Cerritos City CS 5R Palo Cedro CS

4 County Sanitation District No. 1 CS 5R Plumas Eureka Estates CS

4 County Sanitation District No. 14 CS 5R Richvale CS

4 County Sanitation District No. 15 CS 5R Rio Alto Water District CS

4 County Sanitation District No. 16 CS 5S 6-Mile Village CS

4 County Sanitation District No. 17 CS 5S Amador City CS

4 County Sanitation District No. 2 CS 5S Applegate, Zone 24 CS

4 County Sanitation District No. 21 CS 5S Arbuckle CS

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REGION COLLECTION SYSTEM REGION COLLECTION SYSTEM

4 County Sanitation District No. 28 CS 5S Auburn Lk Trls Onsite WW Disp

CS

4 County Sanitation District No. 29 CS 5S California State Prison, Solano

CS

4 County Sanitation District No. 3 CS 5S California State University,

Sacramento CS

4 County Sanitation District No. 4 CS 5S Camanche North Shore CS

4 County Sanitation District No. 8 CS 5S Cascade Shores CS

4 County Service Area No. 30- Nyeland Acres CS 5S City Of Live Oak CS

4 CSU Northridge CS 5S Copper Cove CS

4 El Monte City CS 5S Csa 3-Lake Camanche CS

4 Hidden Hills CS 5S Ddjc, Tracy CS 4 La Habra Heights City CS 5S Denair CSD CS 4 Lynwood City CS 5S Diablo Grande CS 4 Malibu Mesa CS 5S Dixon CS 4 Pasadena City CS 5S Dos Palos City CS 4 San Gabriel City CS 5S Douglas Flat/Vallecito CS

4 Santa Clarita Valley Sanitation District of Los Angeles County CS

5S Dry Creek, Zone 173 CS

4 Santa Fe Springs City CS 5S Eagles Nest Leachfield CS 4 Saticoy S.D. CS 5S Escalon Treatment Plant CS 4 South El Monte City CS 5S Forest Meadows CS 4 Vernon City CS 5S Gayla Manor CS 4 West La Community College CS 5S Gold Ridge Forest Unit 3 CS 4 Westlake Village CS 5S Hamilton City Csd CS

5 FRESNO CO #40-SHAVER SPRINGS CS 5S Hughson CS

7 Blythe Airport Stf CS 5S Indian Rock Vineyards CS 7 Brawley WWTP-Npdes CS 5S Lake Berryessa Resort CS

7 Desert Water Agency CS 5S Lake Co Sanitation Dist AD9-1 & AD9-3 CS

8 BBARWWA CS 5S Lake Wildwood CS 8 Big Bear City CSD CS 5S Linda Co Wtr Dist CS

8 California Rehabilitation Center CS 5S Linden Co Water Dist CS

8 Crafton Hills College CS 5S Livoti, Zone 55 8 Edgemont CSD CS 5S Maxwell PUD CS

8 Herman G. Stark Youth Correctional Facility CS 5S Mill Woods CS

8 Idyllwild Water District CS 5S Mountain House -1 CS 8 Inland Empire Utilities Agency CS 5S Mountain Lakes Estates CS 8 IRWD - OCSD Regional 1 CS 5S Mule Creek State Prison CS 8 La Palma City CS 5S North San Juan CS

8 Montclair City CS 5S Oakwood Lake Water District CS

8 Running Springs CS 5S Pardee Recreation Area CS

SSO Reduction Program: Annual Compliance Report, May 2009

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REGION COLLECTION SYSTEM REGION COLLECTION SYSTEM

8 San Bernardino County, CSA-53B CS 5S Penn Valley CS

8 San Bernardino Valley College CS 5S Rio Ramaza CS

8 Santa Ana City CS 5S Rio Vista Waste Trt Facility CS

8 STP,Clay Canyon CS 5S Robbins CS

8 STP,Mhp-Butterfield Estates CS 5S Sacramento Executive Airport CS 8 Sunset Beach Sanitary Dist CS 5S Sacramento Regional CS 8 Western MWD CS 5S Salida CS 8 WRCRWA Reclamation Plt CS 5S Santa Nella CWD CS 8 Yorba Linda City CS 5S Sheridan, Zone 6 CS 9 4-S Ranch CS 5S SMD No. 2 CS

9 California State Univeristy, San Marcos CS 5S SMD No. 3 CS

9 City Of Encinitas CS 5S Southworth Ranch Estates CS

9 City Of San Juan Capistrano CS 5S Sunset Whitney, Zone 2A3 CS

9 Descanso Detention Facility CS 5S Tuolumne CS 9 Emerald Bay Service District CS 5S UC Davis Health System CS 9 Fairbanks Ranch CS 5S West Point CS 9 Heise Park Campground CS 5S Winters CS 9 IRWD - El Toro CS 5S Woodbridge Sd CS

9 Pauma Valley Treatment Plant CS 6A High Desert State Prison CS

9 Pine Valley Sd CS 6A Leavitt Lake Sew Trt Ponds CS

9 Rainbow Municipal Water Dist CS 6A Markleeville Wstwtr Trtmnt Sys CS

9 Rancho Del Campo CS 6A Placer County Eastern Regional Landfill CS

9 San Diego State University CS 6A Squaw Valley Public Svc Dist CS

9 San Vicente Treatment Plant CS 6A Stones-Bengard Sewage Trt Pnds CS

9 Santa Maria CS 6A Tahoe Truckee Sanitation Agen CS

9 Santa Rosa WRF-Recycled Wtr CS 6B Arrowbear Park CWD CS

9 Whispering Palms CS 6B Barstow/Daggett Airport CS 5F Armona CS 6B Big Pine CS 5F Avenal State Prison CS 6B Bishop CS

5F Buena Vista Aquatic Rec Area CS 6B CSA 42 CS

5F California State University, Fresno CS 6B CSA 64 CS

5F CARUTHERS CS 6B CSA 70 SP2 CS

5F Central California Women's Facility CS 6B Lone Pine CS

5F City of Avenal CS 6B Mojave CS 5F City of Parlier CS 6B Yermo Domestic CS

SSO Reduction Program: Annual Compliance Report, May 2009

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REGION COLLECTION SYSTEM REGION COLLECTION SYSTEM 5F City Of Woodlake CS

Ongoing data quality control, cleanup, and collection efforts by staff will improve the quality of spill data reported in the SSO online reporting system and allow additional trend analyses to be conducted with the data. These efforts will assist staff and enrollees in understanding the causes of sewage spills and identify system management and regulatory efforts that will yield the greatest reductions in sewage spills.